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Education (Student Support) (Northern Ireland) Order 1998
This Statutory Instrument enabled the Department of Education to provide financial support by way of grant or loan to students on higher or further education courses
The printed version of this Order does not have a preliminary page setting out the contents, so I have created it here. The page number in this section (i) is therefore arbitrary.
The text of the Education (Student Support) (Northern Ireland) Order 1998 was prepared by Derek Gillard and uploaded on 9 December 2020.
Education (Student Support) (Northern Ireland) Order 1998
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
Coming into operation in accordance with Article 1(2) and (3)
1 Title and commencement
Schedule - Repeals
Whereas this Order is made only for purposes corresponding to those of sections 22 to 26 and 28 of the Teaching and Higher Education Act 1998:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 (as modified by section 45 of the said Act of 1998) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1 Title and commencement
(1) This Order may be cited as the Education (Student Support) (Northern Ireland) Order 1998.
(2) Subject to paragraph (3), this Order comes into operation on the expiration of 7 days from the day on which it is made.
(3) The following provisions come into operation on such day or days as the Department may by order appoint, namely -
(a) Article 9;2 Interpretation
(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order -
"the 1986 Order" means the Education and Libraries (Northern Ireland) Order 1986;
(3) Regulations under Article 3 may provide for courses provided wholly or partly outside the United Kingdom to be further education courses or (as the case may be) higher education courses for the purposes of this Order.(a) fees payable to an institution for awarding or accrediting any qualification where the institution does not provide the whole or part of the course and is not a publicly-funded institution;"further education course" and "higher education course" have the meaning given by regulations under Article 3;
(4) This Order shall be construed as one with the 1986 Order; and accordingly Article 2 of the 1986 Order, in so far as it relates to the interpretation of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.
3 New arrangements for giving financial support to students
(1) Regulations shall make provision authorising or requiring the Department to make grants or loans, for any prescribed purposes, to eligible students in connection with their attending -
(a) higher education courses; orwhich are designated for the purposes of this Article by or under the regulations.
(2) Regulations under this Article may, in particular, make provision -
(a) for determining whether a person is an eligible student in relation to any grant or loan available under this Article;
(c) where the amount of any such grant or loan may vary to any extent according to a person's circumstances, for determining, or enabling the determination of, the amount required or authorised to be paid to him;(3) The provision which may be made by virtue of paragraph (2)(g) in relation to loans under this Article includes provision -
(a) for such loans to bear compound interest at such rates, and calculated in such manner, as may be prescribed from time to time;(4) In relation to loans under this Article -
(a) the rates prescribed by regulations made in pursuance of paragraph (3)(a) -(i) shall be no higher than those which the Department is satisfied are required to maintain the value in real terms of the outstanding amounts of such loans; and
(5) Regulations under this Article may also make such provision as the Department considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans under this Article, including provision for -(ii) shall at no time exceed the specified rate for low interest loans; and(b) such regulations may make provision, for the purpose of calculating the interest to be borne by such loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed by the regulations.
(a) imposing on employers or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to -(6) In paragraph (5) -(i) the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers;(b) imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;
(a) "employers" means persons who make payments of, or on account of, income assessable to income tax under Schedule E; and(7) Where regulations under this Article prescribe by virtue of paragraph (2)(b) the maximum amount of any grant available for an academic year in respect of fees payable in connection with attendance on a higher education course provided by a publicly-funded institution, no regulations increasing that amount shall be made under this Article unless -
(a) the Department is satisfied that the increase is no greater than is required to maintain the value of such grants in real terms; or(8) For the purposes of paragraph (4)(a) or (7)(a) the Department shall have regard to such index of prices as may be specified in, or determined in accordance with, regulations under this Article.
(9) In paragraph (4)(a) "the specified rate for low interest loans" means the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974 (exemption of certain consumer credit agreements by reference to the rate of the total charge for credit).
4 Transfer or delegation of functions relating to student support
(1) If the Department so determines, any function exercisable by it by virtue of regulations under Article 3 shall, to such extent as is specified in its determination, be exercisable instead by such body as is so specified which is either -
(a) a board; or(2) A body by which any function is for the time being exercisable by virtue of paragraph (1) shall comply with any directions given by the Department as to the exercise of that function.
(3) The Department may make arrangements for any person or body specified in the arrangements to exercise on its behalf, to such extent as is so specified, any function exercisable by it by virtue of regulations under Article 3 (including any such function in relation to appeals).
(4) Any arrangements made under paragraph (3) shall not prevent the Department from exercising the function in question itself.
(5) The Department may make provision for enabling appeals -
(a) to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of paragraph (1) or (3) as it may determine; and(6) The Department may pay to any body or person by whom any function is exercisable by virtue of paragraph (1) or (3) -
(a) such amounts as it considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person -(i) in making grants or loans under Article 3; or(b) in a case where the function is exercisable by virtue of paragraph (3), such remuneration as it may determine.
(7) Any payment under paragraph (6)(a) may be made subject to such terms and conditions as the Department may determine; and any such conditions may in particular -
(a) require the provision of returns or other information before any such payment is made;(8) The Department may pay to any person or body appointed by it under paragraph (5) such remuneration or administrative expenses (or both) as it may determine.
(9) In relation to any function which, by virtue of paragraph (1) or (3), is exercisable to a specified extent, references in any other provision of this Article to the exercise of that function are accordingly to its exercise to that extent.
5 Supply of information in connection with student loans
(1) This Article applies to any information which is held -
(a) by the Commissioners of Inland Revenue; or(2) Information to which this Article applies may be supplied to -
(a) the Department or the Secretary of State;for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.
(3) Information supplied under paragraph (2) shall not be supplied by the recipient to any other person or body unless it is supplied -
(a) to a person or body to whom it could be supplied under that paragraph; or(4) Paragraphs (2) and (3) extend only to the supply of information by or under the authority of the Commissioners ofInland Revenue.
(5) This Article does not limit the circumstances in which information may be supplied apart from this Article.
(6) In this Article -
(a) "the delegation of functions provisions" means -(i) Article 4(3);(b) "the transfer of functions provisions" means -
6 Transitional arrangements(i) regulations under Article 3 so far as having effect in relation to loans under that Article;
(1) Regulations may make provision -
(a) for any function which is or may be conferred under or by virtue of a relevant statutory provision -(2) In this Article "the designated person or body" means the Department or such other person or body as may be designated for the purpose by regulations under this Article.(i) to transfer to, or otherwise be exercisable by, the designated person or body; orto such extent as is so specified;
(3) In this Article "relevant statutory provision" means any statutory provision mentioned in the Schedule, so far as that provision continues in operation by virtue of any savings made, in connection with its repeal by this Order, by an order under Article 1(3).
(4) The Department shall, not later than 6 months after the making of this Order, appoint an independent body to review the arrangements for Northern Ireland relating to the payment of grants in respect of fees payable in connection with attendance on the final honours year of first degree courses at higher education institutions in Scotland.
(5) The Department shall invite -
(a) the Scottish higher education principals;to make representations to the body established under paragraph (4); and the report of that body shall be laid before the Assembly not later than 1st April 2000.
(6) If that body recommends that the arrangements referred to in paragraph (4) should be modified in accordance with this paragraph, the Department may modify those arrangements so as to secure that they are no less favourable than the arrangements made by regulations under section 73(f) of the Education (Scotland) Act 1980 for the payment of allowances in respect of fees payable as mentioned in paragraph (4).
(7) In paragraphs (4) and (6) any reference to the arrangements for Northern Ireland is a reference to arrangements made either under Article 50 of the 1986 Order or under Article 3 of this Order.
7 Imposition of conditions as to fees at further and higher education institutions
(1) The power of the Department to impose conditions under paragraph (3) of Article 5 of the Further Education Order in relation to any grants, loans or other payments made by the Department under that Article to the governing body of an institution of further education includes power to impose a condition requiring the governing body to secure that, in respect of the relevant academic year, no fees are payable to the institution by any specified class of persons in respect of any specified matters in connection with their attending courses of any specified description.
(2) The power of the Department to impose conditions under -
(a) paragraph (2) of Article 66 of the 1986 Order; orin relation to any grants made by the Department under that paragraph to the governing body of an institution includes power to impose a condition requiring the governing body to secure that, in respect of the relevant academic year, the fees payable to the institution by any prescribed class of persons in connection with their attending courses of any prescribed description are equal to the prescribed amount.
(3) In paragraph (2) "the prescribed amount", in relation to any such class of persons attending courses of any such description, means such amount as may be prescribed for the time being by virtue of Article 3(2)(b) as the maximum amount of any grant available for the relevant academic year in respect of fees payable by such persons in connection with their attending such courses.
(4) A condition under paragraph (1) or (2) shall impose, in the event of a failure by the governing body to comply with the requirement specified in that paragraph, such further financial requirements on that body as may be specified, which may include requirements relating to the repayment, with or without interest, of the whole or part of any sums received by it in respect of the grant, loan or other payment in question.
(5) No condition under paragraph (1) or (2) shall apply in relation to any fees which are payable by students not having such connection with the United Kingdom or any part of it as may be prescribed.
(6) The Department shall not exercise the power to prescribe descriptions of courses under paragraph (2) in such a way as to discriminate -
(a) in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given; or(7) In this Article -
"course", where it appears in paragraph (2) or (3), does not include any part-time or postgraduate course other than a course of initial teacher training;(8) Where -
(a) a condition is imposed under paragraph (1) or (2) in connection with any grants, loans or other payments made to the governing body of an institution; and
then, for the purposes of this Article, fees payable by such persons to the other institution shall be regarded as fees payable by them to the first-mentioned institution.
(9) Nothing in the Further Education Order so far as it imposes any prohibition or other requirement in relation to the imposition of conditions by the Department shall apply to any condition under paragraph (1) imposed by the Department.
(1) Subject to paragraphs (2) and (3), regulations under this Order shall be subject to negative resolution.
(2) Paragraph (1) does not apply to the first regulations to be made under Article 3; and no such regulations shall be made (whether alone or with other regulations) unless a draft has been laid before, and approved by a resolution of, the Assembly.
(3) Paragraph (1) also does not apply to -
(a) any regulations in relation to which sub-paragraph (b) of Article 3(7) applies; or(4) Any order or regulations under this Order may contain such incidental, supplemental, saving or transitional provisions as the Department thinks fit.
(5) Nothing in this Order shall be read as affecting the generality of paragraph (4).
The statutory provisions set out in the Schedule are hereby repealed to the extent specified in the third column of that Schedule.
This Order is made only for purposes corresponding to those of sections 22 to 26 and 28 of the Teaching and Higher Education Act 1998.
The Order enables the Department of Education to provide financial support by way of grant or loan to students on higher or further education courses.